HDF 322 1st Edition Lecture 5 Outline of Last Lecture I The Financial Planning Process Outline of Current Lecture II Leasing III Ready to Move In IV Repairs Remedies V Security Deposit VI Roommate Problems VII Evictions Current Lecture I Leasing a When you are living off campus coming into area for first time b you need to be aware about CRIME in the area c look up APD website and look at crime grid d look what it is and see if you feel safe in the environment or not e others have high crime rate so lower rent f you can t break your lease though in Texas g but from legal perspective you are stuck by contract h but if you feel unsafe you should break it i checking out crime decreases the chances of you wanting to leave lease II If you decide to move into apt home decide to talk to some of the people that already live here a ask them if it s safe do they like it are repairs good how long have you been here These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute b if bad attitudes try to switch c landlords control the price because they can bc of so few vacancies III They will show you a model but its not where you are going to live a try your best to ask landlord to show you the actual unit you will be assigned to b you want to see where you are really going to live IV ex if he was trying to sell you a car and would only show you a pic of the same car but not THE car you wouldn t you wouldn t do it without seeing it so why do it for an apartment a TAA leases Texas leases are almost all this version standard form but not necessarily same exact thing b You should get a copy of the lease V After Sept 1 they have to give you a copy by Law whenever you sign something get a copy of it a when you are looking at the lease you aren t gonna wanna read 8 pages of legal stuff so the standard answer is always read the contract but really ALWAYS READ THE BLANKS most on the first page one on page 5 b first page with blank when lease starts and ends how much rent will be security deposit notice of when you are going to move out II Ready To Move In First time layout looks great 99 9 of the time If that s what happens video tape the entire apartment Show walls ceilings floors etc TRYING TO DOCUMENT condition Include in video a copy of current newspaper to show date to show it was the date you moved in close to date So you have a before picture And then when you move out do the same thing Do it before furniture so the apartment is empty Get picky even scratches on the wood In that lease form if you move in and carpet is horrible dishwasher broken etc Theres a provision that is blank you should tell them to put in if they promise you a new carpet and if they don t want are the consequences there should be consequences to them not doing what they said they were going to do IF you get to the apartment and its horrible no water no electricity not safe DO NOT MOVE IN tell landlord its not ready Probably give them a letter that says you are terminating lease Once you move in and put stuff in there its turns into a different deal You CAN declare it uninhabitable and terminate lease before you move in once you move in even for a few days turns into a different deal III Repairs Remedies The courts favor the landlord not the tenant in TX Only when a repair threatens your health or safety can you make a demand and if its not fixed in certain period of time and if it doesn t get fixed the lease can be brokenif they don t do it adequately in time has to be serious repair threatening health or safety If it is Fire hazard structural foundation no water no lock working etc just because it is like this you cant just walk away You have to go through an exact procedure to get remedies 1st I would call them and tell them the issue and tell them to come fix it if they don t do it then don t wait very long 2nd document the situation take pictures send a certified mail demand letter to landlord saying here are the problems if you don t begin repairs done within 7 days of getting this letter I will take advantage of my available legal remedies including possible termination If they don t come out and begin repairs within 7 days then all of the remedies become available to you texas is now tenant state and you can break lease or get court order etc Sept 1 you file lawsuit and they have 14 days to answer and you have trial at that point CERTIFIED MAIL LETTER write letter go to post office and tell them to send it certified mail with receipt so landlord will sign postcard as to when they received it and that goes back to you so you can count the days from when they got it And if they don t help you within 7 days from that rememedies are now available to you If you are in a bad repair situations Austin Co Compliance department sometimes they don t show up independent expert witness that can verify what you are saying and they are free in the past they come out quickly May help your case quite a bit The whole point is to get your landlord to make the repair E mails are not legal materials not legal notice CERTIFIED MAIL LETTER is the ONLY thing that counts IV Security Deposit When you get to the end of the lease they have 30 days after that to return deposit or tell you why they aren t giving it back You have to give them a forwarding address written Even if you tell them doesn t count has to be in writing If they do not return your deposit or notice why they aren t in 30 days then they are acting in BAD FAITH At that point a court can award you TRIPLE the damages rewards So whatever the amount of deposit is its times 3 Courts here are hesitant to go against landlord REMEMBER THIS on first page there is move out notice it says 30 or 60 days and when you get ready to leave you HAVE to give notice preferably certified mail saying that you intend to move out This is not intuitive at all lease continues to renew it self month after month if no one sends written notice that …